Last Updated: December 29, 2022
When parents end their relationship, a dispute over child custody may follow and the situation can become very emotional for both parents and children. Though a father’s rights to custody are equal to that of the mother, courts have generally sided with the mother since the 20th century. This trend is once again shifting, with more fathers winning joint, primary, or sole custody of their children. Father’s can win custody of their children if they listen to a father’s rights expert (free consultations here!) and set themselves up for victory!
Father’s Can Win Custody
Many courts are beginning to recognize that children benefit from care provided by both parents. The father’s rights movement, which started in the 1960’s, has begun to get some serious traction in recent years and is a specialty many attorneys focus on for their male clients. Specialists in men’s divorce and custody law focus on showing the world that father’s can win custody in all 50-states. Though fathers receive primary custody in less than ten percent of cases and joint custody only 20 percent of the time, more fathers who fight for custody are receiving a favorable outcome. Judges base decisions on the best interests of the children and some are deciding that children will benefit from joint custody.
No Bias in the Law
In the U.S., custody decisions are made based on a standard of factors known as “the best interests of the child.” This is a standard that involves numerous factors and is used in all 50-states (although the exact factors each state uses can differ slightly) A father, just like a mother, has the same chance (legally) of being awarded custody of a child in a father’s rights case. The specific circumstances of the custody case and the evidence presented will be considered by the court when making a custody determination.
In all 50-sates, there is no longer allowed to be a bias in favor of mom or dad in a custody case. The judge will not automatically give custody to one person over the other parent based on the parent’s gender. Rather, the family law court will consider a number of different factors. Some of these factors (that come from “the best interests of the child” standard) include: the child’s relationship with the mom or the dad, the minor child’s adjustment to his or her home, his or her school, and then community where the child lives. The ability or willingness of each parent to generally provide for the child’s physical, mental, and emotional needs, and any history of abuse or even neglect are also considered.
How Does a Judge Decide?
To help them make the decision, judges listen to testimony from the mother, father, and in some cases, the children. They investigate past parenting practices and research whether there is a history of neglect or child abuse. Each parent is assessed regarding personal behavior, career, income, and time for childrearing. A father’s rights lawyer can help a dad prepare a strong case for joint custody with a mother, primary custody with visitation from the mother, or sole custody based on these factors.
During a father’s rights custody battle, any dad should be aware of the potential impact the court process can have on their children. They should avoid heated discussions with mother in front of the children and should limit these conversations overall, instead taking the high road by avoiding conflict. At the same time, fathers should make themselves available to their children, spending time helping with homework, practicing sports or musical instruments, and engaging in bonding activities.
Father’s can win custody by retaining an expert father’s rights lawyer to fight on their behalf. This is highly recommended if a father wants to fight for joint, primary, or sole custody. The attorney will prepare a case illustrating that the father is the better parent and that dad will be able to provide the child with a better life. Many things go into proving this, and even though father’s can win custody, they need to follow specific rules better than the mother does.
Increasing a Father’s Chances of Winning
There are several things that a dad can do to increase his chances of winning custody of his child:
- Establish a positive relationship with the child: A father needs to have a close, positive relationship with his child. This probably involves spending quality time together, participating (maybe coaching) in their activities and interests, and being involved in their every day care and decision-making (for school, activities, and medical issues).
- Demonstrate an ability to care for the child’s needs: The court will always consider whether each parent has the ability to meet the physical (and mental and emotional) needs of the child. The big factor here is stability of the home environment, the availability of support and resources, and the ability to provide basic necessities for the child (things like food, clothes, health care).
- Show that you want to co-parent: The court will consider whether each parent will actively participate in co-parenting and communicate effectively with the other parent. This involves things like showing a willingness to work with the other on decision related to the child’s care and upbringing, and a willingness to compromise at times. If the court sees parents unwilling or unable to compromise for the best of the kid, the judge will shut down any talks about joint custody.
- Present evidence of the child’s best interests: Father’s can win custody if they properly present evidence to the court about how the child’s best interests can be met if he is awarded primary custody. This includes testimony from witnesses like the child’s teachers, his or her doctors, or even the child’s therapists.
Next Steps
If fathers are involved in the lives of their children from the start, they have a better chance of winning custody. They may need to adjust their work schedules around childcare or child-related activities, but this will be worth it in the end. Whether they share children with the mother or are awarded sole custody, fathers will remain strong influences in the lives of their kids when they stay involved in their child’s lives. Speaking to a father’s rights expert for a free consultation is your first step to getting your family back!
